Kishan Batham vs The State Of Madhya Pradesh
2021 Latest Caselaw 7042 MP

                          1
         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.44944/2021
        (KISHAN BATHAM VS. STATE OF M.P. & ANR.)

Gwalior, Dated : 29/10/2021

       Shri R.K.Dubey, learned counsel for the applicant.

       Shri C.P.Singh, learned counsel for the State.

       None for the respondent No.2.

Case diary is available.

This is first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 18/12/2020 in connection

with Crime No.713/2020 registered at Police Station Thatipur,

District Gwalior for offence under Sections 363, 366, 376(2)N, 342

and 34 of IPC, Section 5/6 of the POCSO Act and Section 3(2)(va) of

the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act (in short "Act")

It is submitted by the counsel for the applicant that the

prosecutrix has been examined and she has not supported the

prosecution case. It is further submitted that initially this application

was filed under Section 14-A of the Act and in the light of the

judgment passed by the Division Bench of this Court in the case of

Pramod Vs. State of M.P. on 22.04.2021 in Cr.A. No.5189/2020,

the criminal appeal was converted into a miscellaneous criminal case

under Section 439 of Cr.P.C.

Thereafter, by order dated 13/09/2021, the State was granted

THE HIGH COURT OF MADHYA PRADESH MCRC No.44944/2021 (KISHAN BATHAM VS. STATE OF M.P. & ANR.)

time to obtain the DNA test report. On 04/10/2021 also the DNA test

report was not available. On 21/10/2021 also the DNA test report

could not be produced. Even today, the DNA test report is not

available. Accordingly, it is submitted that sufficient time has been

granted to the State to produce the DNA test report and if, they have

failed to do so, then the applicant may be set at liberty. The Trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that in spite of

repeated opportunities the DNA test report could not be obtained.

In view of the fact that the prosecution has failed to produce

the DNA test report in spite of repeated opportunities and without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

THE HIGH COURT OF MADHYA PRADESH MCRC No.44944/2021 (KISHAN BATHAM VS. STATE OF M.P. & ANR.)

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                 (G.S. Ahluwalia)
Pj'S/-                                                                 Judge

     Digitally signed by
     PRINCEE BARAIYA
     Date: 2021.10.29
     15:36:24 -07'00'